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Predicted Questions with Model Answers
Q1 (5 marks — 50 words): What is the Bharatiya Nagrik Suraksha Sanhita 2023? What are its key reforms over CrPC?
Model Answer:
The Bharatiya Nagrik Suraksha Sanhita 2023 (BNSS) replaced the Code of Criminal Procedure 1973 from 1 July 2024; it has 531 sections (CrPC had 484). Key reforms: (1) E-FIR — online FIR registration; (2) Zero FIR codified (S.173); (3) Mandatory forensic for 7+ year offences (S.176); (4) Trial in absentia after 90-day absconding (S.356); (5) Bail as a right for undertrials serving half-sentence (S.479); (6) Mandatory trial timelines — chargesheet in 60 days, judgment in 45 days.
Q2 (5 marks — 50 words): Explain Zero FIR and E-FIR under BNSS 2023.
Model Answer:
Zero FIR (Section 173(3)): A police station must register an FIR for any cognisable offence regardless of territorial jurisdiction — then transfer it within 15 days to the correct jurisdictional station. Previously a judicial directive (post-Nirbhaya 2012), now codified in law. E-FIR (Section 173(1)): An FIR can be filed electronically (online) by any citizen for cognisable offences; the receiving officer must confirm, authenticate, and register immediately. Both provisions ensure no victim is turned away due to technical objections.
Q3 (5 marks — 50 words): What is the mandatory forensic investigation provision under BNSS Section 176?
Model Answer:
BNSS Section 176 mandates forensic investigation for all offences punishable with seven or more years imprisonment: (1) A forensic expert must visit the crime scene; (2) Forensic evidence — fingerprints, DNA, ballistics — must be collected; (3) Audio-video documentation of the crime scene is legally required and must accompany the chargesheet. Previously, forensic examination was discretionary — many serious cases failed due to contaminated or missing evidence. This provision aligns Indian criminal investigation with scientific standards.
Q4 (5 marks — 50 words): Explain bail provisions for undertrials under BNSS Section 479.
Model Answer:
BNSS Section 479 introduces bail as a right (not discretion) for undertrials: a person who has served half of the maximum sentence for the alleged offence (excluding capital/life imprisonment offences) is entitled to bail. Previously, CrPC Section 436A gave discretionary bail after half-sentence — courts often ignored it. India has ~75% of its 5.5 lakh prison population as undertrials, many imprisoned longer than their maximum possible sentence. S.479 directly addresses this constitutional concern (Art.21 — right to life/liberty).
Q5 (5 marks — 50 words): What is 'trial in absentia'? What are the provisions under BNSS Section 356?
Model Answer:
Trial in absentia (Section 356) allows criminal proceedings to continue even when the accused deliberately absconds. Process: (1) When accused evades arrest, Magistrate/Sessions Court declares them a "Proclaimed Offender" (notice published); (2) After 90 days of being proclaimed offender, trial proceeds in their absence; (3) Conviction in absentia is valid and enforceable; (4) Convicted person on surrender may apply to set aside conviction only on grounds of non-service of process. Targets fugitive offenders who stall trials indefinitely.
Q6 (5 marks — 50 words): Explain the rights of arrested persons under BNSS 2023.
Model Answer:
BNSS 2023 provides arrested persons these key rights: (1) Grounds of arrest communicated immediately (S.47); (2) Person informed of arrest — family/friend/nominated person (S.48); (3) Produced before Magistrate within 24 hours (S.50); (4) Meet advocate of choice during interrogation (S.52); (5) Handcuffing prohibited except for habitual offenders/heinous crimes/escape risk (S.43(3)); (6) Women cannot be arrested after sunset by male officers without written Magistrate's order; (7) Right to bail in bailable offences (S.478).